PEOPLE v. ASKEW


19 A.D.2d 130 (1963)

The People of the State of New York, Respondent, v. Cornelius Askew, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 1, 1963.


Attorney(s) appearing for the Case

Thomas R. Beecher, Jr., for appellant.

Carman F. Ball, District Attorney (Irma R. Thorn of counsel), for respondent.

BASTOW, J. P., GOLDMAN, HALPERN, McCLUSKY and HENRY, JJ., concur.


Per Curiam.

The jury verdict finding appellant guilty of robbery, third degree, is against the weight of the credible evidence. Moreover, the failure of the trial court, in the light of the evidence, to submit to the jury the crime of grand larceny was patent error that requires a reversal in the interest of justice. Lastly, the court erred in refusing to receive material documentary evidence.

Briefly stated, the proof submitted a factual issue as to...

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